Abstract
This paper explores the proposals of Giorgio Agamben and Roberto Esposito, two of the top representatives of the Italian Thought, around the notion of community and commons. Starting from an analysis of the community based on the munus, the statute of the commons is examined as opposed to the right of property. Next, the discussion around the notion of use of the commons and its difficult reconciliation with the legal apparatus is presented. Finally, the notion of inappropriateness that underpins the Italian study of the commons is studied.